Medical-Legal Topics

Gently question jurors during voir dire

The Aletheia Institute sponsored a webinar on June 24, 2009 that addressed this question from the perspective of five jury consultants. These are the takeaway points I gained from listening to this program.

Data from 200 trial consultants shows that 8 out 10 people think the economy is bad. A person who is pessimistic about the future is less likely to award high damages to a plaintiff. Older jurors are less pessimistic. Pessimistic and concerned jurors are frequently ineffective jurors and may be more critical of the plaintiff, accepting the stereotype of the plaintiff as a greedy person. Focus group data shows that jurors still judge the plaintiff more harshly than they do the defendant.

Those who are most personally affected by the economy are least likely to volunteer this information. Attorneys who are permitted to do voir dire with jurors should approach this question gradually. Draw jurors about by asking two follow-up questions for each topic, using such questions as: “How so?” “Please say some more?” “What else?”

Jurors are more willing to help someone who embodies social norms. Attorneys should make their client – plaintiff or defendant – appear as normal as possible.

Jurors may not be receptive to arguments of future wage loss unless the person was horribly injured. Given layoffs, the defense attorney may raise the argument – “How do we know this person would have kept this job, and that these future wage earnings are valid?”

After exposure to headlines about corporate wrongdoing, jurors are more receptive to the idea that people do bad things in their own self-interest. Attorneys should consider conducting a focus group on a day in the life video, but day-in-the life videos are not right for every case. Some things may be better left to the juror’s imagination.

• The Aletheia Institute Trial Consulting Panel had 5 jury trial experts:
  David Wenner, Esq (Arizona) has written and researched on the subject of OJB (Overcoming Juror Bias).
  Phillip Miller, Esq (Tennessee) has done up to date surveying and research on the subject.
  Eric Oliver (Michigan) is nationally known for his ability to select (or deselect) juries.
  Katherine James (California) nationally recognized trial consultant, frequently invited to help lawyers and their clients.
  Alan Blumenfeld is another nationally known litigation consultant who, with his ACT of Communication partner Katherine James, advises lawyers, experts and clients on better communication skills during discovery and trial.

Pat Iyer is a founding member of this organization. She will be appearing on a program on Wednesday, August 26, 3 PM EST: AI will hold our second Free Aletheian Hour with our MedicalSchool panel discussing “The Good, Bad & Ugly Pain Tests Used/Misused by Medical Experts.” 

Interested in seeing this program? This free offer will end on September 1, 2009.

Event Title                “How Is The Economy Affecting Jurors”
Recorded Date         Wednesday, June 24, 2009
Go to www.remotecounsel.com
 
Enter event ID# and password (these are case sensitive and you can cut/paste)
 
            Event ID#       0906302080
            Password       3XZzb4
 
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Coming up:

On Friday, September 25 at 3PM EST, our EconomicSchool panel address – How to Make More Money and Save Time with New Professional Practices. For more information about AI, go to Aletheia Institute.

            What are these?

Tags: defendants, focus groups, jurors, jury, plaintiffs, voir dire

This entry was posted on Monday, July 27th, 2009 at 7:25 am and is filed under Communication skills, Medical malpractice, Personal injury, Trial lawyer skills. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.